Merchant Shipping Act 1988

22 Offences relating to, and liabilities of, unregistered fishing vessels

(1) If any fishing vessel to which this subsection applies fishes for profit—

(a) the skipper, the owner and any charterer of the vessel shall each be guilty of an offence; and

(b) the vessel shall be liable to forfeiture.

(2) Subsection (1) applies to any fishing vessel which is either—

(a) eligible to be registered under this Part, or

(b) wholly owned by one or more persons qualified to be owners of British ships for the purposes of Part I of the 1894 Act,

but is neither registered under this Part nor excluded from registration by regulations under section 13 nor registered under the law of any country outside the United Kingdom.

(3) Subsection (1) also applies to any fishing vessel which (notwithstanding that it is not entitled to be so registered) is for the time being registered in the United Kingdom under Part I of the 1894 Act or section 5 of the [1983 c. 13.] Merchant Shipping Act 1983 (registration of small ships).

(4) Subject to subsection (8), if any prescribed marks are displayed on a fishing vessel which is not a registered vessel, the skipper, the owner and any charterer of the vessel shall each be guilty of an offence.

(5) If the skipper or owner of a fishing vessel which is not a registered vessel does anything, or permits anything to be done, for the purpose of causing the vessel to appear to be a registered vessel, then (subject to subsection (8))—

(a) the skipper, the owner and any charterer of the vessel shall each be guilty of an offence; and

(b) the vessel shall be liable to forfeiture.

(6) Where a fishing vessel is not a British ship and is not registered under the law of any country outside the United Kingdom, but—

(a) it is eligible to be registered under this Part, or

(b) it is wholly owned by one or more such persons as are mentioned in subsection (2)(b), or

(c) (subject to subsection (8)) any prescribed marks are displayed on it,

then (notwithstanding that the vessel is not entitled to any benefits, privileges, advantages or protection usually enjoyed by a British ship) the vessel shall, for the purposes mentioned in subsection (7), be dealt with in the same manner in all respects as if the vessel were a British ship.

(7) Those purposes are—

(a) the payment of dues, fees or other charges;

(b) liability to fines and forfeiture; and

(c) the punishment of offences committed on board the vessel, or by any persons belonging to it.

(8) Where the registration of any vessel has terminated by virtue of any provision of this Part, any prescribed marks displayed on the vessel within the period of 14 days beginning with the date of termination of that registration shall be disregarded for the purposes of subsections (4) to (6).

(9) Subsections (1), (4) and (5)(a) apply to offences falling within those provisions wherever committed.

(10) Section 76 of the 1894 Act (proceedings on forfeiture of ship) shall apply to any vessel liable to forfeiture under this section as it applies to any such ship as is mentioned in subsection (1) of that section.